New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-11
GEBHARDS BILL DISPLAYED.
AN ANSWER MADE BLYTHE NETWORK CLUB
LETTERS AND AFFIDAvlTs REGARDING r"'
TO REDUCE THE CHARGES.


LETTERS AND AFFIDAvIrs REGARDING f"oNi'''
TO REDUCE THE CHARGES
Tho hearing on the 10 show cause WHY '"0 "
,,o,,or ob,a,ped by Edward Gebhard restraining 'no
VII cl,b nd its Board OF Directors from inter-
,sr;c with his rights member OF the ciup souu no'
n. made ne rpanent took place yesterday III
Court chambers before Justice Barrett MI Gsohard
.a mar his COUNSEL Roscoe ConklHg and exJudSc Will
,a II .rnsux Ranged Oh the other side near Joseph
II Cboate and Ira d Warren, WHO represented the de
fsnants were Commodore Jaso d. Smith, president OF
the Climb, Thomas ID. Mason. j. L. Molchcr and George
Kirkland all me nbers Of the club
ExJudge Arnoux one Of Mr.. Gcbhards counsel read
tbe oompaipt and Mr.. Warren read the and
campanying affidavts While admitting many of the
allegations complaint they assert the truth OF the
charges present the provisions of the constitution OF
the club under whchit maintained that Mr. Gebhsrds
rights fully protected In regard TO the bill for legal
services rendered by Mr.. Gebhard the answer says:
The defendant admits the allegations contained ia the
seventh paragraph OF tho SSmpiani a ay
49, tho n.la:s to saii
for the sun :. S or nsa
and belief that there great s a. that %s
the property vas purchased mad owned the sane
purpose Of a Iarso sail prsDsrty down to within
short time prior to the pretended search m-do by the plain
And the defendant that about the l4 day OF
duly and a. and si% @ ann and
believes hat IN order to procure me s2aTa OF
cue. sls to SAID Bill to
cure 'n a% %s be i. r a l re mT he q said
s the club reduce it tor IAN n 0n. tina.
avns to having sis an 's s MH P
make sue to majority Of the nasd Ys
or ss 0os 0 as nsm 70 o9eTe So 1g
amount or senn the oasy 10 me Gimp ana thai rsyne
BOARD said bl and that I
panfa be aerwara rspude carry
u,s further set forth that the defendant Is informed
and believes that the letter ipclosng the heck for 600
advised the check thereby the property OF
the CLUB and further that the box unlocked and the
hand it to President smith which he never did 1t is de-
MED that satisfactory explanations were made ny inc
nathaniel Whitman. IAN honorcd and respected mem
acted in the manner described liz the complaint
COLONEL GEBHARD's RESIGNATION OFFERED
President smith in affidavit says that Colonel Ge0-
haris sgnation offered at the time that the
and complaint were served and that the plain
tiff stated that II the charges withdrawn and his
resignation accepted he would discontinue the suit The
club would consent to this arrangement.
George W. McGill deposed that the understandn. be-
tween him aud Colonel Gebhart that the latter
should refund the money bis bill for legal services was
audited and the paid the feeling in the club
was that the charges in the bill improper. Colonel
Gebhard said IN fail TO do so. McGl. you can put
down dishonest man" In reply TO letter iroli
Colonel Gebhard in which be said mat lie TOOK pleasure
in pung in writing what lie hal said orally MI McOI
rep d as follows:
RIyERpALEoxnu rsoX Auril p 1851;
yS9 TO the as y you
Of the 2o INST .eIewith return the s.me oeds hOn,
letter Of The 2h YOU me ,r%y that IT, statements
twice but on my asking you 10 say 50 III "rhs
The board approved your bill the statements .nd prom
;e yoG mad t9 its N. & Sa rG hsy 'g k NO.
steps to honor sat- omses YG1 GHd e d sfees3e
pOval Of the beard return the money TO the clubs treas
AZ roa a to G tT o" Of th%so t YIN viii Justify
the comments club. to,wil that You
obtained the MONEY H qHe,o" ~ nieos IS a Your re-
quest to The board promises upon which your
or embarrassment aud modification ai any one at
ea1ryins OUT such promises would denoaneei
ntimaop as Infamous sincerely trust tai T so re
truth Veiy respectfully, GEG ,a w Mo"iL;
Of your bill W you % w yS OF mo, nSt
board through the writer and which he acted IN approx
ing the binl
a WICKED Asu MALICIOUS LIE"
Nathaniel Whitman in lis AFFIDAVIT says that the state
ment In the complaint that said Whitman is no and
Tor Ions time past has personal enemy OF the
plaintiff because plaintiff had detected ana exposed the
said Whitman for cheating at cards Is "A wicked ana
malicious lie known to be SO by said plaintiff aud
that this and statements arc pat in tie complaint
"for the sole purpose Of njoring aud scand~zag hin
Theodore W Myers. tho Controer-ecc In an affidavit
SAYS that IL the statement in the complaint tha. the
charges have their origin in conspiracy and blackna Is
intended to refer him they are untrue: Aniavits
in support OF the answer were made also ny
Henry &. Hilton. g. Lee stout, f. 5. Chaplin, Frederick
Lovsjoy, j. J. Alexandra Henry Wells secretary OF
the club Juan Barceo, Thomas ID. Mason, o. bonner
George NJ. Nort, j. II. Parker, and Robert Hoyt,
clerk OF the club The corrOOoTaed by
several other employees OF the cuO. sworc that after the
letter hch Colonel Goddard wrote 10 President smith
had been Withdrawn by him he said he would give Il 10
Commodore smith himself Tnis was denied by Colonel
Gerhard in answering affidavit
Kx-Judge ArnOux said the dictates OF justice entitled
Mr. Gerhard trial aHd that 1t had been decided
that there coad be fair trial without the right OF rep
resentatisn by counsel
Mr. Choate Insisted the plaintiff when he became
mcnber of the cup agreed ~ abide by the CO. suuuOn
AID by Laws and that by these the Board OF Direction
charged with trying all infineements OF the rcGu-
latiOns.
Tx senator Conkllug replied that 1t evident that
lis client could have fair trial before the board on
account OF tie bias OF the members against him Colonel
Gebhards business transaction with the cIuD had noun
ing 10 do with his membership and II wrongful pay
bad been made TO him lie could be sued Inc at-r
of withdIa wing letter toe trivial TO DE consd
cred in the
The decision reserved.